Terms & Conditions
Updated: June 2018
Welcome to Kwikr. The getkwikr.com website, (the “Website”), the Kwikr mobile application and associated services (the “Mobile App”) and other services offered by Kwikr are owned and operated by Kwikr, LLC. (“Kwikr” “we” or “us”). The Website and Mobile App (the “Platform”) provide a means to enable persons or enterprises (“you” or the “Customer”) who seek same-day courier services to certain destinations (“Services”) to be matched with registered couriers, who may be Kwikr employees or independent contractors (“Couriers”).
THE FOLLOWING AGREEMENT DESCRIBES THE TERMS OF SERVICE UPON WHICH KWIKR OFFERS YOU ACCESS TO AND USAGE OF THE PLATFORM AND SERVICES.
These terms of service (these “Terms”) constitute a legal agreement between you and Kwikr. In order to use the Platform and Services you must agree to these Terms. By using the Platform or receiving any Services, including downloading and installing the Mobile App, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as provided herein.
CHANGES TO TERMS OF SERVICE
We reserve the right to modify these Terms or its policies relating to the Platform or Service at any time, effective upon posting of an updated version of these Terms on the Platform. You are responsible for regularly reviewing these Terms. Continued use of the Platform or any Service after any such changes will constitute your consent to such changes.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
Subject to your compliance with these Terms, Kwikr hereby grants you a limited, nonexclusive, non-transferable license: (i) to view, download and print any publicly available Kwikr content solely for your personal and non-commercial purposes; and (ii) to view any other content on the Kwikr Platform to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Service, except as expressly permitted herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kwikr or its licensors, except for the licenses and rights expressly granted herein.
USE OF THE MOBILE APP
(a) In addition to these Terms, Your use of the Mobile App is subject to the following additional terms (the “App Terms”): You understand and agree that (i) Your use of the Mobile App is conditioned upon Your acceptance of these App Terms; (ii) the Mobile App contains copyrighted material, trade secrets, and other proprietary materials of Kwikr and its licensors; and (iii) in order to protect those proprietary materials, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will: (a) decompile, disassemble or reverse engineer the Mobile App; (b) modify or create derivative works of the Mobile App; (c) use the Mobile App in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (d) transmit the Mobile App or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); (e) sell, distribute, rent, lease, sublicense or otherwise transfer the Mobile App to a third party; or (f) use components of the Mobile App to run applications not running on the Mobile App.
(b) You hereby agree that you will: (i) only use the Mobile App to access and use the Services; (ii) not use any software or services in conjunction with the Services; (iii) not authorize any third party to access or use the Services on Your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on Your behalf; (iv) not use any software or hardware that reduces the number of users directly accessing or using the Services (sometimes called ‘multiplexing’ or ‘pooling’ software or hardware); (v) not lend, lease, rent or sublicense the Mobile App; (vi) permit us to send and deliver updates to you as part of your use of the Mobile App; and (vii) allow the Mobile App to automatically download and install updates from time to time, which are designed to improve, enhance and further develop the Mobile App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Mobile App for your device. Kwikr is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. Kwikr reserves the right to terminate these Terms and the App Terms should you use the Kwikr Platform and Services with an unauthorized device.
USER AGREEMENT, REPRESENTATIONS AND RESTRICTIONS
In order to access the Service, you will be required to register for a Kwikr account (an “Account”). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your “Credit Card”); (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the fees (accessible on the Website) to be charged for your use of the Services (the “Fees”); and (d) authorize Kwikr or its third party service providers to charge your Credit Card for any and all Fees incurred by you for your use of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You are responsible for all reasonable costs incurred by Kwikr in attempting to obtain payment of Fees, including any attorneys’ fees, collection agency fees, interest fees and court costs.
You represent and warrant to Kwikr that you will: (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Platform and Services; (c) be responsible for all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with these Terms; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Platform and Services.
You further represent, warrant and covenant that: (i) you are at least 18 years old and have the power, and authority to enter into and perform your obligations under these Terms; (ii) all information you provide to Kwikr, including Credit Card information, is truthful, accurate and complete; (iii) you are authorized, or have the permission of the authorized signatory of the Credit Card used to pay any Fees incurred from use of the Services; and (iv) you have provided and will provide accurate and complete registration information.
You are not permitted, directly or indirectly, to: (x) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Kwikr or the copyright owner; or (y) distribute, display (except as otherwise set forth herein), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Platform content, in whole or in part; or (z) remove any proprietary notices or labels on the Platform.
By using the Platform and Services, you agree that you:
- will only use the Platform and Services for lawful purposes;
- will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
- will not use the Platform and Services to cause nuisance, annoyance or inconvenience;
- will not impair the proper operation of the network;
- will not try to harm the Platform or Services in any way whatsoever;
- will provide us with whatever proof of identity we may reasonably request;
- will only use an access point or data account that you are authorized to use; and are aware that when requesting services using SMS, standard-messaging charges will apply.
Federal law limits your liability for unauthorized charges to your Account. The Fair Credit Billing Act (“FCBA”) states that your Credit Card provider cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your Account. Kwikr will pay up to $50 of your liability if your Credit Card is used fraudulently on the Platform.
We will assume the aforementioned $50 liability only if the unauthorized use of your payment method resulted through no fault of your own from purchases made on the Platform while using our secure server. In the event of unauthorized use of your payment method, you must notify your Credit Card provider in accordance with the FCBA reporting rules and procedures.
RIGHT TO TERMINATE
We reserve the right to terminate or restrict your Account, these Terms, or the use of any or all of the Kwikr Platform and Services, without notice, for any reason. You agree that Kwikr will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.
TERMS OF CARRIAGE
You further agree to the following “Terms of Carriage” for all Kwikr Services provided. These Terms of Carriage apply to Kwikr, it’s Couriers, employees, and contractors.
PACKAGE SIZE AND WEIGHT - Our pricing estimates are based on deliveries that are less than 40 pounds and can fit easily in a passenger car, van or SUV. Packages that require special handling due to their cubic volume, shape, size, or weight over 40 pounds will require additional coordination and may be subject to additional charges or delivery time.
PACKAGES NOT PREPARED FOR SHIPPING - A Courier will arrive to pick up your package at a time based on the estimated time of arrival (“ETA”) quoted to you on the Platform. If your package is not ready for pickup within 5 minutes of the quoted ETA or the Courier arriving (whichever is later), or if your shipment is improperly packaged and the Courier incurs a delay waiting for the package to be properly prepared, your Kwikr may need to be rescheduled at the Courier’s sole discretion, or Kwikr may elect to charge an additional $0.50 USD per minute until the package is ready for pickup or adequately prepared for shipping.
RESTRICTED ITEMS - The following items are also restricted and may not be acceptable for shipment by Kwikr: firearms; fireworks; tobacco products; flammable or dangerous goods or hazardous materials (except dry ice); money, cash, coins, currency, paper money, endorsed stocks, bonds and cash letters; live humans or animals of any kind; fragile or very expensive or rare items; human corpses and/or cremated remains; used hypodermic needles and syringes or medical waste; packages that require us to obtain a federal state or local license for transportation; packages that may cause damage or delay to equipment, personnel, or other packages; gaming devices (such as lottery tickets) where prohibited by federal, state or local laws; packages whose carriage is prohibited by law, statute or regulation of the state in which the package may travel; stolen goods; any items which you do not have the right, standing or permissions to ship.
DANGEROUS GOODS - Kwikr does NOT provide services for shipping Dangerous Goods or Hazardous Materials. We do accept dry ice shipments and bio-medical materials.
Dry ice shipments - prepared in accordance with IATA regulations - do not require a “Shipper’s Declaration,” and there is no special handling fee for transporting dry ice at this time. However, dry ice must be entered under the “Special Instructions” section of our order form. All dry ice shipments require package marking and labeling.
Blood, urine, bodily fluids, and other liquid specimens containing infectious substances, are considered “Dangerous Goods.” Non-infectious blood, urine, bodily fluids, and other liquid specimens must be packed to meet specific applicable local, state and federal laws. Shippers must also comply with all applicable local, state and federal laws governing packing, marking and labeling of shipments of blood and blood-related products regardless of whether they are infectious.
Any package with an odor or any package that is wet or leaking will NOT be accepted for carriage. If a shipment damages or contaminates any property, the shipper will be held responsible for and will reimburse Kwikr for any and/or all costs, fees and expenses incurred in connection with such damage or contamination.
The United States Department of Transportation (“DOT”) regulates the movement of “Dangerous Goods” by all modes of transportation. When Kwikr’s Couriers encounter improperly declared or undeclared shipment of “Dangerous Goods,” we are required by law to report the packages to the DOT. Penalties for such shipments can range up to $500,000 and five years in jail.
RIGHT OF REFUSAL - Kwikr and its Couriers reserve the right to refuse, hold, or return a package at all times. A package may be refused if:
- the package could potentially cause damage to other packages, equipment, or employees or contractors;
- the package is likely to sustain damage or loss during transit, as solely determined by Kwikr or its Couriers;
- carriage of the package requested may violate these Terms;
- carriage of the package may be in violation of local, state, or federal laws; or
- acceptance of the package may place in jeopardy our ability to provide service to another customer.
COD DELIVERIES - Kwikr and its Couriers do not offer Collect on Delivery (“COD”) service under any circumstances. Please do not ask our Couriers to pay for items at pickup and wait to be compensated for out-of-pocket payments upon delivery.
Any claims for missing or damaged goods in excess of $100 in value must be submitted in writing by the sender within 10 business days from the time of delivery or the claim will be deemed waived by the shipper.
All claims must include the order or tracking number, pickup date, description of product missing or damaged, and the dollar value (USD) of the item(s).
Kwikr will not be liable for any concealed damages, as the Customer is responsible for properly packing and sealing items, and we do not inspect the viability of such packaging prior to accepting goods at pickup.
A delivery signature or photo documentation will be considered prima facie evidence that the shipment and all of its contents were delivered intact and undamaged.
Any claim of damage for an amount over $250 in value, shipper agrees to hold Kwikr harmless against any such claim without respect to cause of damage, including negligence.
Claims for damages to goods that do not meet all other Kwikr Terms of Carriage will not be considered valid claims.
CANCELLATIONS - Once a Courier has accepted a submitted Kwikr request, any cancellation or changes must be made before the Courier arrives at the Pickup Address. If the delivery is cancelled any time after arrival at the Pickup Address, the full charge may apply.
RE-DELIVERY ATTEMPTS - If the recipient is not available or if the delivery address provided cannot be found at the time of delivery we will attempt to contact both the recipient and sender for instructions. We will not leave a delivery unattended or unacknowledged without the express verbal permission of the sender. If, after reasonable attempts, the Courier is unable to complete the delivery, we will return the delivery to the sender. Return to sender trips, re-routing and any re-delivery attempts will result in additional charges to the sender.
WRONG OR RE-ROUTED ADDRESSES - Kwikr will attempt to compete delivery to the address provided by the sender at the time of order submission. It is the sender’s sole responsibility to provide Kwikr with the correct destination address for the intended recipient, and the sender agrees that Kwikr will not be responsible for any losses, damages or other issues caused by delivery to the address provided by the sender. A signature from an adult at the submitted destination address will serve as evidence of the completion of delivery as agreed upon, if requested.
In the case that the sender provides Kwikr with the wrong destination address, Kwikr or its Couriers will attempt to contact the shipper and receiver to obtain the correct destination address. Additional charges may be incurred for any delays due to incorrect shipping information.
Re-routing requests placed once a package is in transit will be honored, but may be subject to additional delivery charges, hold fees, or delays.
REJECTION OF DELIVERY - If the recipient refuses to accept delivery of a package, we will, when feasible, contact the sender for instructions on returning or disposing of the package. If the sender requests return of the package, the sender will incur further charges for the return of the package subject to standard Kwikr rates. If a package cannot be delivered to the original recipient, or returned to the original sender, the package may be held, transferred or disposed of by Kwikr in its sole discretion, with or without notice, and the shipper agrees to pay any costs incurred in the package hold, transfer, or disposal.
INSPECTION - We may, but are not obligated to, open and inspect any package or shipment at our sole discretion without prior notice.
COURTESY QUICK QUOTE - The courtesy rate reflected in the “Quick Quote” provided by us, if shown, may be different than the actual final charges for your delivery. Differences may occur based on actual weight, dimensions, time, distance, and other factors. Consult the applicable Kwikr FAQ for details on how shipping charges are calculated and quoted.
PAYMENT, PRICING AND PROMOTIONS
Any Fees are due immediately and are non-refundable, unless a prior invoicing arrangement has been made with Kwikr. Kwikr reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.
Kwikr may make promotional offers to some or all of its customers. These offers may include different features and rates. Unless offered to you, these promotional offers will not change your existing rates or contract. Kwikr may change its Fees at any time for any reason.
THIRD PARTY INTERACTIONS
During use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Kwikr and its licensors will have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party. Kwikr does not endorse any sites on the Internet that are linked through the Platform, and in no event will Kwikr or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of goods and services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Kwikr disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
Kwikr may utilize third party advertising and marketing supplied through the Platform and other mechanisms to subsidize the Platform and Services. By agreeing to these Terms you agree to receive such advertising and marketing. Kwikr may compile and release information regarding you and your use of the Platform or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform.
You agree that you will defend, indemnify and hold Kwikr, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Couriers, or (c) your use or misuse of the Platform or Service.
DISCLAIMER OF WARRANTIES
Kwikr DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR PLATFORM WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Kwikr. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE KWIKR PLATFORM AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Kwikr IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT WILL KWIKR OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). Kwikr AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM OR SERVICE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE PLATFORM, EVEN IF Kwikr OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Kwikr may give notice by means of a general notice on the Platform, electronic mail to your email address on record, or by written communication sent by first class mail or pre-paid post to your address on record. Any notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). All notices sent by you will be deemed given when actually received by Kwikr.
By using any portion of the Kwikr Platform and Services, you agree to receive notices and electronic communications from Kwikr. These communications may include information about your Account or information related to the Kwikr Platform, Service, and features. You agree that any notice, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
DISCLOSURE AND INJUNCTIVE RELIEF
Kwikr may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Kwikr Platform and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Kwikr’s rights or property, or the rights or property of visitors to or users of the Kwikr Platform and Services, including Kwikr’s customers. Kwikr reserves the right at all times to disclose any information that Kwikr deems necessary to comply with any applicable law, regulation, legal process or governmental request. Kwikr may also disclose your information when Kwikr determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kwikr, for which monetary damages would be inadequate, and you consent to Kwikr obtaining any injunctive or equitable relief that Kwikr deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Kwikr may have at law or in equity.
These Terms and any dispute arising out of or related to it or the Platform or Services will be governed in all respects by the laws of the State of North Carolina, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Kwikr must be resolved exclusively by a state or federal court located in Forsyth County, North Carolina, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Forsyth County, North Carolina for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
Kwikr will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kwikr’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have a question or concern about these Terms of Service, please contact Kwikr Support by email: email@example.com